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"Vol 4 No 2 (2022): Reformasi Hukum Trisakti"
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<![CDATA[PRINSIP ITIKAD BAIK DALAM GANTI KERUGIAN OLEH PENANGGUNG KEPADA TERTANGGUNG ]]>
<![CDATA[Gunita Nindya]]>;
<![CDATA[Siti Nurbaiti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14095
<![CDATA[One kind of loss insurance is motor vehicle insurance. It frequently results in issues with its application, namely those with the application of the good faith principle, as in Criminal Code Article 251. discussions like the one that took place between the insured and PT Asuransi Astra Buana. Problem Statement: Based on the Commercial Code, how is the arrangement regarding the principle of good faith applied to the compensation given to the insured by PT Asuransi Astra Buana, and whether the insured party's actions constitute a breach of the principle of good faith? The study's methodology is descriptive in character and falls under the category of normative legal research. Secondary data is qualitatively examined by deductively drawing conclusions. The research findings, discussion, and conclusion that the arrangement of the good faith principle contained in Article 251 of the Criminal Code contains weaknesses because it is only addressed to the insured, so the insurer does not pay compensation to the insured on the grounds that the insured violates the good faith principle, and the actions taken by the insured do not violate the principle good faith, as stipulated in Article 251 of the Criminal Code.]]>
<![CDATA[PELANGGARAN HAK PEREMPUAN DI AFGHANISTAN SELAMA KEKUASAAN REZIM TALIBAN BERDASARKAN KONVENSI CEDAW ]]>
<![CDATA[Tsabitah Rizqi Ekanoviarini]]>;
<![CDATA[Aji Wibowo]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14097
<![CDATA[Much debate erupted over the Taliban's return to Afghanistan, particularly in relation to women's human rights. Afghanistan becomes legally obligated by CEDAW after ratifying it, and as a result, must carry out the conditions outlined in its domestic laws and regulations. In actuality, the Taliban rule continues to violate human rights, notably by restricting the rights of women. The CEDAW Convention serves as the foundation for Afghanistan's state responsibility for violations of women's rights in Afghanistan, and this legal academic study addresses many human rights violations against women in Afghanistan under the Taliban government. Use of secondary data gathered through secondary sources has made this research, which is descriptive in character and normative in nature, the data is processed qualitatively and conclusions are drawn using deductive logic. The results of the research, discussion and conclusions of this research are that the state of Afghanistan is considered to have violated international treaties and Afghanistan as a state must be held accountable for the actions that have been carried out by its state organs.]]>
<![CDATA[TINJAUAN IZIN PENGUSAHAAN SUMBER DAYA AIR KEMENTERIAN PUPR KEPADA PDAM KOTA MALANG. ]]>
<![CDATA[Jasmine Sabina Marsheryne]]>;
<![CDATA[Sri Untari Indah Artati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14099
<![CDATA[Every use of water must have a permit, as stated in Article 44, Paragraph 1, of Law No. 17 of 2019 Concerning Water Resources (SDA). The process for obtaining a permit to use natural resources is also outlined in the Minister of PUPR's Regulation No. 01/PRT/M/2016. What are the legal repercussions of the Ministry of PUPR issuing water resources exploitation permits to PDAM Malang City, and is the granting of water resources exploitation permits to PDAM Malang City issued by the PUPR Ministry in accordance with applicable regulations? Research is being done using a normative legal approach. descriptive research's structure, data collection methods, and literature analysis. digesting data, analyzing it qualitatively, and making deductions. The study's findings, analysis, and conclusion are as follows: issuing permits for the exploitation of natural resources to PDAM Malang is not appropriate due to their disregard for the procedures outlined in Law No. 32 of 2009 UUPPLH, Law No. 11 of 2020 concerning Job Creation, and Minister of PUPR Regulation Article 24 paragraph (1) letter l, as well as the potential legal repercussions of issuing these permits in the form of a conflict over the management of natural resources.]]>
<![CDATA[ANALISIS PELEPASAN HAK GUNA BANGUNAN DAN KUASA EKS KOBA TIN ]]>
<![CDATA[Ara Hasna Khairunnisa]]>;
<![CDATA[Meta Indah Budhianti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14100
<![CDATA[If the term of building use rights over state property expires and is not renewed, the property is returned to the state no later than one year later in a vacant state. However, PT Koba Tin has released rights and powers, including priority rights relating to building use rights 14 years after the rights expired, despite the fact that it has not seen any regulations regarding this topic being executed. The issue is formulated as follows: Is the transfer of the former PT Koba Tin's building use rights to the Regional Government in compliance with the relevant provisions, and does PT Koba Tin have the authority to transfer rights and powers connected to building use rights to the Regional Government? Normative research techniques, descriptive writing's characteristics, secondary data, data analysis techniques using a qualitative methodology, and deductive reasoning conclusions. The study's findings, analysis, and conclusion indicate that PT Koba Tin has not complied with the requirements of PP No. 40 of 1996, which call for giving up vacant land within a year. However, if PT Koba Tin has already reached an agreement with the regional government that no must to make reference to this clause; the surrender of rights and powers can still be carried out.]]>
<![CDATA[TINJAUAN YURIDIS SAHNYA JUAL BELI ATAS SEBIDANG TANAH YANG BELUM DIBAGI WARIS ]]>
<![CDATA[Karmila Amalia Pesa]]>;
<![CDATA[Endang Pandamdari]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14101
<![CDATA[Every country's territory or land is a valuable resource. Problem formulation: Under Muara Bulian Court Decision No. 11/Pdt.G/2019/PN, how will legally sell land that has previously been bagged by Waris and how much will the judge's considerations be in compliance with valid legal requirements? A desk-style writing script that is based on second-by-second data is used in the writing process, which is a sort of juridical normative writing. Survey results are objectively assessed and used to support important conclusions with strong reasons. According to the investigation's findings, defendants I and II engaged in a transaction to buy and sell a plot of land, but because this transaction involved the sale of a plot of land, it was not legal transaction; none of the heirs responsible for the inheritance made any requests.]]>
<![CDATA[TINJAUAN YURIDIS PENEGAKAN HUKUM WARGA NEGARA ASING DALAM PEMALSUAN DOKUMEN (PUTUSAN: 158/PID.SUS/2021/PT.KWG) ]]>
<![CDATA[Stefanus Ricman Simanjuntak]]>;
<![CDATA[Tri Sulityowati]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14102
<![CDATA[In contravention of the law, Chandra Sat Pal, the defendant, faked immigration documents as a foreign citizen. Immigration offences as defined in Article 128 letters a and b of Law Number 6 of 2011 Concerning Immigration were among the infractions committed by the Defendant. The issue is how to prosecute foreign nationals who fabricate immigration documents and if the Karawang District Court's ruling in Case No. 158/Pid.Sus/2021 complies with legal requirements. The answer to this topic will be obtained by normative legal research, which has the characteristics of descriptive analysis utilizing secondary data, followed by qualitative analysis with a deductive method as a conclusion. Regarding cases that occurred in law enforcement, there were several articles concerning the consequences of the defendant's actions including Article 121 letter a, Article 128 letters a and b, and Article 130 of the Immigration Law. According to the author, the sentence imposed on Chandra Sat Pal is still not strict, because the implementation of the imposition of charges requested by the Prosecutor is still not comparable to the violations committed by the defendant. Therefore, the defendant should receive a punishment commensurate with the actions that have been committed by the defendant.]]>
<![CDATA[GANTI KERUGIAN OBJEK PENGADAAN TANAH WARGA SUMBERJAYA UNTUK PEMBANGUNAN TOL CIBITUNG CILINCING ]]>
<![CDATA[Putri Viryal Dewi]]>;
<![CDATA[Intan Nevia Cahyana]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14103
<![CDATA[In the land acquisition process, compensation is an appropriate and reasonable recompense to the rightful party. However, it was discovered during the implementation phase that various residents had disputed land ownership, making it unclear which party was entitled to pay. The issue at hand concerns whether the payment of compensation for land acquisition objects for Sumberjaya residents in the Bekasi district complies with Law No. 2 of 2012, as well as what barriers exist to compensation and how the land acquisition committee is attempting to resolve them. The research is normative legal research, and because it is descriptive analytical in character, primary and secondary data were used. The study used deductive reasoning to conduct its qualitative investigation. According to research, Law No. 2 of 2012 requires compensation for land acquisition items, but there were issues with its implementation. The supply of compensation for land acquisition objects, namely land conflicts, is stated to be in compliance with Law No. 2 of 2012, and despite the challenges faced, settlement efforts are being undertaken by the land acquisition committee.]]>
<![CDATA[PERBANDINGAN HUKUM NEGARA INDONESIA DAN NEGARA INGGRIS MENGENAI PERKOSAAN DI BAWAH UMUR ]]>
<![CDATA[Khrisdianto Risyad]]>;
<![CDATA[Vientje Ratna Multiwijaya]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14104
<![CDATA[Given that children will be the nation's future leaders and heirs, child protection is implemented with this understanding in mind. The prevalence of sexual predators is rising, starting with the lower middle class and moving up to the upper middle class. Law Number 35 of 2014 gives Indonesia the tools to protect children, but is this sufficient? The UK has general provisions in the Penal Code up to provisions in The Sexual Offenses Act 2003 for the protection of children with sexually vulnerable characteristics. Problem formulation; comparing and contrasting the components of underage rape using research techniques from literature research; the type of study employed is normative juridical; with the nature of the research, which involves applying deductive reasoning to generate conclusions from descriptive analytical, primary data, and qualitative data analysis methodologies. In terms of the research's findings, analysis, and conclusion, there are four areas of similarity and ten points of difference, one of which is the absence of a law on sexual violence in Indonesia, which would serve as a vehicle for the nation's future generations' protection.]]>
<![CDATA[KAJIAN KEABSAHAN JUAL BELI TANAH MENURUT PERATURAN PERUNDANG-UNDANGAN (STUDI PUTUSAN 40/PDT.G/2020/PN BKS) ]]>
<![CDATA[Devana Mustika]]>;
<![CDATA[Novina Sri Indiraharti]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14105
<![CDATA[Land sales and purchases pursuant to Article 37(1) of PP Number 24 of 1997 must be done in front of the PPAT with documentation from the PPAT deed, but pursuant to Decision 40/Pdt.G/2020/Pn.Bks. The sale or purchase is not made prior to the PPAT and is only supported by a receipt. The issue at hand is whether Song Lung (Hendra Budiman) and Susiah Suprihatin's sale and purchase of land and buildings was legal and whether the judge's ruling on the legality of buying and selling land without a sale and purchase deed complied with statutory requirements. The secondary data employed in the normative legal research technique is descriptive in character and is Deductive conclusions are reached after qualitative analysis. The study's findings, analysis, and conclusion state that while the sale and purchase between Song Lung (Hendra Budiman) and Susiah Suprihatin is legal under customary law, it is invalid under the provisions of the PP Number 24 of 1997, specifically Article 37 paragraph (1), the PP Number 37 of 1998, specifically Articles 2 paragraphs (1) and (2), and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Number 16 of 2021.]]>
<![CDATA[KEWENANGAN DEWAN PERWAKILAN RAKYAT DALAM PEMILIHAN ANGGOTA BADAN PEMERIKSA KEUANGAN ]]>
<![CDATA[Salsa Yaumil Akbari]]>;
<![CDATA[Ninuk Wijiningsih]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14107
<![CDATA[The prerequisites to join the Audit Board of the Republic of Indonesia (BPK) are governed by Law Number 15 of 2006 regulating the BPK Candidates must fulfill the following criteria in order to be elected as a member of the BPK: J. has been out of the state finance management environment for at least two years. What is the process for choosing members of the BPK for the years 2021 to 2026, and what are the legal repercussions if the procedures used by the House of Representatives to choose members of the Board do not adhere to the applicable laws? The research is normative legal in nature, uses secondary data as its primary source, is descriptive in nature, qualitatively examined, and draws findings deductively. The findings of the research, the discussion, and the conclusion show that there is a discrepancy between the process for choosing members of the Audit Board of the Republic of Indonesia in 2021 and the requirements set forth in Law Number 15 of 2006 concerning the BPK, also the legal repercussions that take place when the processes used to choose members of the BPK are in violation of applicable laws.]]>
